"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ventia (Australia) Pty Ltd

[2023] FWC 714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Ventia (Australia) Pty Ltd

(B2023/271)

VICE PRESIDENT CATANZARITI

SYDNEY, 24 MARCH 2023

Proposed protected action ballot of employees of Ventia (Australia) Pty Ltd

This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Ventia (Australia) Pty Ltd (Respondent).

The Respondent neither consented nor objected to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Raymund Shortill of the Applicant declared on 21 March 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order has been separately issued in PR760580.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order in relation to employees of Ventia (Australia) Pty Ltd. The application was made under section 437 of the Fair Work Act 2009 and the Respondent did not consent to or object to the application. The Vice President determined the matter on the papers without holding a hearing. The AMWU provided a statutory declaration by Raymund Shortill, who attested to the union's efforts to reach an agreement with the Respondent.

The legal issues before the Court were whether the notification period for the proposed agreement had been met and whether the AMWU had genuinely attempted to reach an agreement with the Respondent. The Vice President examined the material before him and found that the AMWU had fulfilled the requirements of section 443(1) of the Act. As a result, the Vice President was satisfied that there was a notification period in relation to the proposed agreement and that the AMWU had genuinely tried to reach an agreement with the Respondent.

In light of the findings, the Vice President issued an order in PR760580, granting the AMWU's application for a protected action ballot order. The order was issued separately and the decision was made on the basis of the material before the Vice President, including the statutory declaration by Raymund Shortill of the AMWU.

The final orders of the court were to grant the AMWU's application for a protected action ballot order in relation to the employees of Ventia (Australia) Pty Ltd. The decision was made without a hearing and on the basis of the material before the Vice President, including the statutory declaration by Raymund Shortill of the AMWU. The order was issued separately in PR760580.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established